Is family and medical leave (FMLA) paid?
No. The FMLA only requires unpaid leave. However, the law permits the employer to require the employee to use accrued paid leave. The State of Delaware requires employees to use sick and annual leave concurrent with FMLA leave with the exception of one workweek of annual leave and one workweek of sick leave, which they may elect to retain for use upon return to work. Usage of accrued sick leave shall only be in accordance with M.R. 5.3. An employee’s ability to elect to use accrued paid leave during a period of FMLA leave is determined by the terms and conditions of the applicable paid leave policy.
